Q: Once you are arrested, how long does the court have to indict you?
A: It depends on the offense. The indictment must be filed before the limitation period runs, but the statute of limitations is different for various offenses. Some offenses, most notably murder or manslaughter, have not statute of limitations, and an indictment can be brought at any time. An indictment for certain sexual offenses involving a child can be brought up to 10 years after the victim's 18th birthday. Other felonies (the complete list is in the Texas Code of Criminal Procedure, Art. 12.01) must be indicted within 3, 5, 7, or 10 years from the date of the offense, depending on the specific offense. The statute of limitations for all misdemeanors is 2 years from the date of the offense.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.